South Tees Development Corporation & Anor v PD Teesport Limited

South Tees Development Corporation & Anor v PD Teesport Limited

The defendant, as the successful party on the appeal, is entitled to its costs of the appeal and the adjournment application, to be assessed on the standard basis. The costs of the appeal are not required to be included in the costs budget, and it was reasonable for the costs of the adjournment application not to have been included. A payment on account of £45,000 is appropriate.

Parties
Claimant: South Tees Development Corporation; Claimant: South Tees Developments Limited; Defendant: PD Teesport Limited; Third Party: Teesworks Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal (costs) / Post Appeal, Costs Determination
Outcome
Claimants and third party to pay defendant's costs of the appeal and adjournment application, with a payment on account ordered.
Legal Topics
Costs Management, Costs Budgets, Appeals, Adjournment Applications
Civil Procedure Costs Costs Management Costs Budgets Appeals Adjournment Applications

Case Brief

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Parties

South Tees Development Corporation

Claimant

South Tees Developments Limited

Claimant

PD Teesport Limited

Defendant

Teesworks Limited

Third Party

Procedural Posture

Civil Appeal (costs) / Post Appeal, Costs Determination

Legal Issues

  1. 1 Whether the successful party on appeal is entitled to costs when appeal costs were not included in the costs budget
  2. 2 Whether the costs of an adjournment application should be treated as additional to the approved budgets
  3. 3 Whether a payment on account of costs should be ordered and in what amount

Ratio Decidendi

The defendant, as the successful party on the appeal, is entitled to its costs of the appeal and the adjournment application, to be assessed on the standard basis. The costs of the appeal are not required to be included in the costs budget, and it was reasonable for the costs of the adjournment application not to have been included. A payment on account of £45,000 is appropriate.

Court Disposition

Claimants and third party to pay defendant's costs of the appeal and adjournment application, with a payment on account ordered.

Orders

  • Claimants and third party to pay defendant's costs of the appeal and adjournment application, to be assessed on the standard basis.
  • Claimants and third party to pay £45,000 on account of costs (£30,000 for the appeal, £15,000 for the adjournment application).